Being arrested for DUI may make it seem like there is no way out. For many people, they assume that a judge or jury will absolutely believe an arresting officer and that there is no way to avoid a conviction. Thankfully, this is far from the truth.
It is possible to get a DUI charge in South Carolina dismissed. This can result in the most serious accusation going away or even an entire criminal case disappearing. However, it is important to understand that prosecutors and judges will rarely act on their own to take this step. Instead, you must show that it is impossible for a prosecutor to prove their case at trial. The legal team at Truslow & Truslow PA can explain what it means to get a DUI case dismissed in South Carolina. They then collaborate with you to achieve this goal.
What it Means to Get a DUI Case Dismissed
The goal for any person who receives a DUI charge should be to get the charge dismissed. But what does this mean? It is possible to dismiss a charge under two circumstances.
The first is when a prosecutor no longer wishes to bring criminal charges against a defendant. This often occurs when it becomes clear that they do not have enough evidence to convince a jury of a defendant’s guilt beyond a reasonable doubt. Prosecutors have wide discretion when deciding whether to bring criminal charges. If they do not believe that they can get a conviction, they have a professional obligation to dismiss DUI charges in South Carolina.
A case can also receive a dismissal at a judge’s discretion. Judges do more than oversee trials. They also hear motions from lawyers before cases go to trial concerning the admissibility of evidence. Many dismissals arise out of evidentiary motions that result in a prosecutor’s evidence being ineligible for trial. If a judge rules in these motions in favor of a defendant, they may then entertain motions to dismiss the charges if there is no longer a valid case against a driver in DUI cases. An attorney at Truslow & Truslow could work to get a DUI charge dismissed before a case goes to trial.
Areas of the Law that May Lead to Dismissals
Understanding South Carolina’s DUI laws is an important part of seeking a dismissal. To obtain a conviction, a prosecutor must prove each element of the state’s DUI statute. Contained in South Carolina Code § 56-5-2930, a DUI case must show that a person was under the influence of drugs or alcohol while operating a vehicle on a public way. Successfully arguing that any of these ideas is untrue will likely lead to a dismissal.
The most direct choice is to argue that a driver was not under the influence of drugs or alcohol. This could involve showing that a police officer improperly applied a breathalyzer test. It may also be possible to argue that a traffic stop that led to an arrest was improper. A lawyer from Truslow & Truslow PA could make these arguments at pre-trial hearings that aim to obtain a dismissal of DUI charges.
Our Legal Team Could Help You Obtain a Dismissal of Your South Carolina DUI Charge
The ideal outcome of a DUI case in South Carolina is to have a judge or prosecutor dismiss the charge. The only way to do this is to make it clear that no jury could convict a driver at trial. To accomplish this, you must show that the police illegally obtained evidence or that their case is so weak that a conviction is impossible.
An attorney at Truslow & Truslow PA could help. They can explain the state’s DUI laws and work to identify weaknesses in the prosecutor’s case. They then make powerful arguments for dismissal before a case ever goes to trial. Contact us today to learn more.